Supreme court sets 2005 cut off on women right to ancestral property

In a ruling that will restrict the right of women seeking equal share in ancestral property , the supreme court has said that the 2005 amendment in Hindu law will not give property rights to a daughter if the father died before the amendment came into force. The court held that the amended provisions of the Hindu succession (Amendment) Act , 2005 , could not have retrospective effect despite it being a social legislation . The court said the father would have had to be alive on September 9 , 2005 , if the daughter were to become a co-sharer with her male siblings. The Hindu Succession Act , 1956 , originally did not give daughters inheritance rights in ancestral property .They could only ask for a right to sustenance from a joint Hindu family. But this disparity was removed by an amendment to the Act on September 9 , 2005. The apex court judgment has now added another disqualification for women regarding their right of inheritance .Until now , they could not ask for a share if the property had been alienated or partitioned before December 20 , 2004 , the date the bill was introduced .This judgment makes it imperative for the father to have been alive when the amendment came into force.

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